Several people have raised the issue with me of whether Israel committed piracy when it intercepted the Free Gaza ship trying to break the siege by delivering humanitarian aid to Gaza. Radhika Sainath has a useful post on the subject over at Electronic Intifada. Sainath:
An act of piracy, as defined by the law of nations, includes illegal acts of violence or detention committed on the high seas or outside the jurisdiction of any state. While today piracy often conjures up ideas of buried treasure, sunken ships and Johnny Depp at his best; olden-day pirates instilled a sense of terror in seafarers traveling in no-man’s zones, outside the protection of any state.
Israel’s commandeering of the Spirit last week shares a lot in common with these traditional acts of piracy: the Spirit’s unarmed passengers traveled on the high seas, vulnerable, uncertain if they would live or die when the Israeli navy surrounded them and took them prisoners. But do Israel’s actions constitute piracy? The answer is: Yes.
Israel committed clear acts of violence and detention against the Spirit’s passengers, acts, which, under the UN Convention on the High Seas, are unlawful. A warship may legitimately board a foreign ship on the high seas in only three circumstances: there is reason to believe the boat was engaged in piracy, the slave trade or the boat — despite its flag — is really of the same nationality as the warship. None of these circumstances apply here.
According to a 1 July press release from the Free Gaza Movement, the Spirit of Humanity was in international waters when the Israeli navy captured it. However, even if the boat was in Gazan waters, the above acts still constitute piracy because Gazan waters are outside the jurisdiction of any state — and certainly outside Israel’s jurisdiction. Jurisdiction, it should be noted, is different from control. While Israel exercises de facto control over Gaza, it has no legal de jure jurisdiction over Gaza.
Furthermore, while piracy has traditionally been defined as a private act, there is no reason why Israel’s seizure of the Spirit, its passengers and its humanitarian cargo should not be considered an act of state or state-sponsored piracy.
I’ll admit, maritime law is far from my area of expertise – any thoughts?
